professional services agreement - gerald colbert

22 This Agreement shall be deemed to have been executed in Alameda County. The formation,
interpretation and performance of this Agreement shall be governed by the laws of the State of
California, excluding its conflict of laws rules. Venue for all litigation relative to the formation,
interpretation and performance of this Agreement shall be in Alameda County, California.
22.1 Four copies of this Agreement shall be executed. Three copies shall be retained by District
and one copy shall be given to the Consultant.
23 Compliance With Laws
23.1 Consultant shall comply with all applicable laws in the performance of the Work, which are
in effect at the time the Consultant is performing its Work, regardless of whether such laws
are specifically stated in this Agreement. Consultant further agrees that, consistent with
the Standard of care set forth herein, the plans, drawings, specifications, designs and any
other product of its services will comply with that standard of care in their compliance with
the applicable laws and Codes.
24 Entire Agreement: Modifications of Agreement
24.1 The Agreement, and any written modification to the Agreement, shall represent the entire
and integrated Agreement between the parties hereto regarding the subject matter of this
Agreement and shall constitute the exclusive statement of the terms of the parties'
Agreement.
24.2 The District may, at any time, by written order, make changes within the scope of the work
and services described in this Agreement. If such changes cause an increase in the
budgeted cost of or the time required for performance of the agreed upon work, an
equitable adjustment as mutually agreed shall be made in the limit on compensation as set
forth in Appendix C, or in the time of required performance as forth in Appendix C, or both.
In the event that Consultant encounters any unanticipated conditions or contingencies that
may affect the scope of work or services and result in an adjustment in the amount of
compensation specified herein, consultant shall so advise the District immediately upon
notice of such condition or contingency. The written notice shall explain the circumstances
giving rise to the unforeseen condition or contingency and shall set forth the proposed
adjustment in compensation. Such notice shall be given to the District prior to the time that
Consultant performs work or services related to the proposed adjustment in compensation.
Any and all pertinent changes shall be expressed in written supplement to the Agreement
prior to implementation of such changes. Changes in the work made pursuant to this
Article and extensions of time necessary by reason thereof shall not in any way release the
performance standards required of Consultant pursuant to the terms of this Agreement.
24.3 This Agreement may not be modified, nor may compliance with any of its terms be waived,
except by written instrument executed and approved by fully authorized representatives of
District and the Consultant.
Agreement for ProfessionalServices (ver 1/26/06) with Gerald Colbert
for ConsultingServicesfor PG&E EnergyWater Plan for Facilities/Custodial/ B&G
Project in an amount not-to-exceed$96,600.00.
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